Allowed

Y.Vijayan v. State of Kerala

Kerala HC10 Dec 2012WP(C)/21315/2011

Case brief

AI extract

What is this about?

This court disposed of writ petitions filed by teachers in Panchayat schools seeking recognition as Government employees. The court held they are entitled to succeed based on Government Orders dated 02.01.2010 and 20/2012/Gen. Edn, directing the respondents to treat them as Government employees.

What did the court decide?

Directing the respondents to treat the petitioners as Government employees and grant consequential benefits within three months.

Y.Vijayan Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

¶4

MONDAY, THE 10TH DAY OF DECEMBER 2012/19TH AGRAHAYANA 1934

¶5

WP(C).No. 21315 of 2011 (L)

¶6

PETITIONER :

¶7

N.VIJAYAN, U.P.S.A., ATTINPURAM PANCHAYAT U.P.S, PANAVOOR, THIRUVANANTHAPURAM.

¶8

BY ADVS.SRI.S.MOHANDAS SRI.V.B.PREMACHANDRAN

¶9

RESPONDENT(S):

¶10

1. STATE OF KERALA,

¶11

REPRESENTED BY SECRETARY TO GOVERNMENT GENERAL EDUCATION (J) DEPARTMENT, GOVT.SECRETARIAT

¶12

THIRUVANANTHAPURAM - 695 001.

¶13

2. SECRETARY,

¶14

KERALA PUBLIC SERVICE COMMISSION, PATTOM

¶15

THIRUVANANTHAPURAM - 695 001.

¶16

R1 BY GOVT. PLEADER SMT. LOWSY A.

¶17

R2 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC

¶18

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-12-2012, ALONG WITH WP(C) NO. 21773/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

¶20

...2/-

¶21

WP(C).No. 21315 of 2011 (L)

¶22

APPENDIX

¶23

PETITIONER'S EXHIBITS :

¶24

EXT.P1 : COPY OF REPRN. DT. 30.11.2007 SUBMITTED TO THE GOVT. BY 85 TEACHERS IN PANCHAYAT SCHOOLS. EXT.P2 : COPY OF GO (MS) NO. 2/2010/GN.EDN DT. 2.1. 2010.

¶25

EXT.P3 : COPY OF REPRN. DT. 1-3-2010 BY THE PETITIONER TO THE RESPONENT.

¶26

RESPONDENT'S EXHIBITS :

¶27

EXT.R2(a) : COPY OF THE COMMUNICATION ISSUED BY THE GOVERNMENT DATED 30/05/2011. EXT.R2(b) COPY OF THE REPLY GIVEN BY THE COMMISSION DATED 12/08/2011.

//TRUE COPY//

P.S. TO JUDGE

P.R. RAMACHANDRA MENON J.

¶32

¶33

W.P.(C) Nos. 21315 & 21773 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 10^th day of December, 2012

¶34

JUDGMENT

¶35

The petitioner in W.P.(C) No. 21315 of 2011 has

¶36

approached this Court with the following prayers :

¶37

i) to declare that para 4 of Ext. P2 dated 02.01.2010 is violative of Section 15 of the Kerala Education Act 1958 and the same is unsustainable.

¶38

ii) to issue a writ of mandamus or order or direction to the respondent to expeditiously implement Exts. P2 and to treat all employees of Panchayat schools as Government servants from the date of Ext. P2 for all service benefits.

¶39

And.

¶40

iii) to issue such other writ or order as may be considered fit and proper in the circumstances of this case.

¶41

Almost similar prayers have been raised in W.P.(C) No. 21773 of 2011 as well.

¶42

The learned counsel for the petitioners submits that, by virtue of Ext. P2 Government Order dated 02.01.2010 (produced as Ext. P1 in W.P.(C) 21773 of 2011), the

¶43

W.P.(C) Nos. 21315 & 21773 of 2011 : 2 :

¶44

Panchayath schools have already been taken over by the Government and as such, it has to be implemented enabling the petitioners to get the consequential benefits as well.

¶45

The learned Government Pleader submits that the Government has issued another G.O. bearing No. G.O. (MS) No. 20/2012 Gen.Edn dated 20.01.2012 as to the course and events to be pursued in respect of taking over of the Panchayath Schools. Based on the G.O. dated 20.01.2012, similar matters have already been disposed of, with a direction to the respondents to extend the benefit to the parties concerned as flowing from this G.O.

¶46

The learned counsel for the petitioners submits that the petitioners only want to implement the concerned G.O. and enable them to get consequential benefits flowing from the G.O. dated 20.01.2012.

¶47

Considering the facts and circumstances, this Court finds that the petitioners are entitled to succeed. Both the Writ Petitions are disposed of, with a direction to give effect

¶48

W.P.(C) Nos. 21315 & 21773 of 2011 : 3 :

¶49

to the G.O. bearing No. 20/2012/Gen. Edn. dated 20.01.2012 (a copy of which has been placed for perusal of this Court during the course of hearing). It is also made clear that, by virtue of the G.O. (MS) No. 2/2010/Gen. Edn. dated 02.01.2010 and the subsequent G.O.(MS) No. 20/2012/Gen. Edn. dated 20.01.2012, the petitioners herein will be treated as Government employees and they shall be granted the benefits flowing from the aforesaid G.Os., as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.

¶50

sd/-

¶51

P. R. RAMACHANDRA MENON, (JUDGE)

¶52

kmd

Y.Vijayan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Y.Vijayan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shahina Vs State Ofkerala and 3 Others

S.Ramachandran Nair Vs State of Kerala

Fasalul Haque Vs State of Kerala

T.C.Jose Vs Kerala State Electricity Board

Abey Daniel Vs Regional Deputy Director

Dr.M.Sivaswami Vs Kerala Agricultural University